Connecticut Fire Ins. v. Buchanan
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of “"the United States for the Southern District of Iowa. These cases are so nearly alike that they may be considered together. In separate actions at law upon two policies of fire insurance, one issued by the National Fire Insurance Company, of Hartford, Conn., and the other by the Connecticut Fire Insurance Company, of the same place, E. M. Buchanan, the insured, recovered verdicts and judgments against the insurers.
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In Error to the Circuit Court of “"the United States for the Southern District of Iowa. These cases are so nearly alike that they may be considered together. In separate actions at law upon two policies of fire insurance, one issued by the National Fire Insurance Company, of Hartford, Conn., and the other by the Connecticut Fire Insurance Company, of the same place, E. M. Buchanan, the insured, recovered verdicts and judgments against the insurers. The actions related to the same loss by fire and were consolidated for purposes of trial. The policies covered the same building at Humeston,…
1Opinion of the CourtVan Devanter, Circuit Judge
One of the policies insured the building as a “normal school and dwelling,” and the other insured it “occupied and only while occupied as a normal school and dwelling.” Both declared:
“If the occupants should be changed, except change of occupants without increase of hazard, or if the use be changed, * * * it shall be held to be an election on the part of the insured to cancel said policy, and the said policy shall stand canceled.”
And also:
“This entire policy * * * shall be void * * * if the building, * * * whether intended for occupancy by owner or tenant, be or become vacant or unoccupied.”
Th…
2Cases cited46 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Brawley v. United StatesSupreme Court of the United States · 1878
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Insurance Co. v. MowrySupreme Court of the United States · 1878
41 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Clark v. LesherCalifornia Supreme Court · 1956
- Ford v. Luria Steel & Trading Corp.Court of Appeals for the Eighth Circuit · 1951
- National Bank of Commerce of Kansas City, Mo. v. RockefellerCourt of Appeals for the Eighth Circuit · 1909
- Ætna Indemnity Co. v. J. E. Crowe Coal & Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Fidelity Phenix Fire Ins. Co. of New York v. RaperSupreme Court of Alabama · 1941
25 more not listed; retrieve them via the Exa API.